Accused charged with assaulting an individual with a bottle during a fight at a party. Complainant sustained a large cut over the eye that was allegedly caused by the bottle. Accused did not testify. Held: Acquitted. Based on the testimony of the 4 Crown witnesses who purported to see the fight the Court could not find … Read More.
Accused charged with sexual assault, assault, and uttering threats. Allegation that accused forced sexual intercourse on spouse, and then assaulted and threatened the spouse the following morning. Held: Acquitted. Accused found to be a credible witness while complainant was found to be unreliable, admittedly dishonest, and had a motive to fabricate the allegations. Court left with … Read More.
Accused originally charged with possession of child pornography and breach of bail. Admitted on guilty plea to pornography charge and breach charge withdrawn. As part of resolution Crown agreed to re-elect to summary conviction proceeding from indictment, reducing the mandatory minimum jail sentence available from 1 year to 6 months. Joint submission for minimum available … Read More.
Accused charged with second degree murder. Stabbing death. Intoxicated accused stabbed a friend during an argument. Aboriginal accused. Various systemic and background factors tied to the accused’s heritage (Gladue factors) operated to reduce her level of moral responsibility. Held: Guilty plea to lesser charge of manslaughter. 3.5 years jail.
Accused charged with impaired driving. Impairment believed to be caused by drugs. Police attended at a parking lot area in response to a complaint of an intoxicated person who had just parked his vehicle. Police investigation began with a search of the accused’s vehicle. Suspected drug residue and drug paraphernalia found inside the vehicle. … Read More.
Client charged with assaulting and confining ex-partner during the breakdown of their relationship. Allegations involved two separate instances and serious injuries caused to the complainant. Client testified that the complainant was the aggressor and that there was no confinement. Held: Client acquitted of all counts. While the Court did not believe the client, it raised … Read More.
Client charged with sexual assault offences in relation to 6 year old girl. Client was a boarder in the home of the girl’s family. An election was made to have a trial in the Court of Queen’s Bench with a preliminary inquiry being held in provincial court to test the evidence of the Crown witnesses. Witnesses … Read More.
Accused was charged with sexual assault. Complainant testified at the preliminary inquiry that she was drinking outside of the accused’s house. She wanted a place to “pass out” and so she went into the client’s bedroom. In her police statement she said that she fell asleep and the woke up with accused on top of her … Read More.
Bail application for 25 year old aboriginal accused charged with second degree murder. Allegation that accused stabbed her long time friend after a night of drinking. Many Gladue (systemic discrimination against aboriginal people) factors present, and accused was in need of alcohol treatment. Crown opposed to bail. Held: Bail granted. Accused released on conditions designed … Read More.
Client was charged with possession of a controlled substance and breach of release condition by contacting someone he was to have no contact with. At trial it was argued that the client’s detention and arrest were arbitrary and in violation of his Charter rights and that any evidence obtained including the drugs and the name … Read More.